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HomeMy WebLinkAbout9A Shore Club-Charlie's on Prior Ordinance 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 21, 2015 AGENDA #: 9A PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 1102 OF THE PRIOR LAKE CITY CODE AS SUBSECTION 1102.1600, EXPANSION OF A NONCONFORMING RESTAURANT USE DISCUSSION: Introduction The purpose of this item is to consider a proposed amendment to the city’s Zoning Ordinance related to the regulation of an expansion of a nonconforming restau- rant at 3950 Green Heights Trail SW . The current restaurant and marina busi- ness is known as Charlie’s on Prior (previously referred to as the Shore Club & Marina). The proposed amendment relates to extending the hours of operation for the restaurant/bar operation. History In 1984, a Conditional Use Permit was issued to allow for the renovation of a restaurant and bar on this site (then known as McWillies). In addition, this prop- erty has been issued a DNR permit for the marina to allow 80 boat slips with a certain dock configuration that is currently be used annually. On February 9, 2015, the City Council adopted Ordinance No. 115-05 in order to permit the ex- pansion of a nonconforming restaurant use on Upper Prior Lake in conformance with certain conditions, including hours of operation. On February 23, the City Council amended the Ordinance per Ordinance No. 115-06 related to parking. Current Circumstances Waterstreet Restaurants Group has applied for an ordinance amending Section 1102 of the Prior Lake City Code as Subsection 1102.1600, expansion of a non- conforming restaurant use related to hours of operation. Section 3(h) of Ordi- nance No. 115-05 regulates the hours of operation as follows: The restaurant/bar operations shall be limited to the following hours: Monday -Thursday = 11:00 a.m. to 11:00 p.m.; Friday = 11:00 a.m. to 1:00 a.m.; Saturday = 9:00 a.m. to 1:00 a.m.; and Sunday = 9:00 a.m. to 11:00 p.m. Outdoor serving of food and drinks shall stop no later than 11:00 p.m. Sunday through Thursday, and no later than midnight Friday and Saturday. The proposed amendment would allow hours to be extended generally one more hour in the evening for various holidays or events during the year. Waterstreet Restaurants Group is also asking to extend the evening hours during the summer 2 months of June, July and August. Meeting their full request would result in an ordinance amendment as follows: The restaurant/bar operations shall be limited to the following hours: Monday -Thursday = 11:00 a.m. to 11:00 p.m., except to 12:00 midnight during June, July and August; Friday = 11:00 a.m. to 1:00 a.m.; Saturday = 9:00 a.m. to 1:00 a.m.; and Sunday = 9:00 a.m. to 11:00 p.m., except to 12:00 midnight during June, July and August. Unless the hours noted previously accommodate these, Holiday hours shall be limited to: New Year’s Eve = 1:00 a.m.; New Year’s Day, Valentine’s Day, Super Bowl Sunday, St. Patrick’s Day, Cinco de Mayo, Memorial Day Thursday/Sunday, 4th of July, Labor Day Sunday/Monday, Halloween, Thanksgiving Wednesday/Thursday = 12:00 midnight. Outdoor serving of food and drinks shall stop no later than 11:00 p.m. Sunday through Thurs day, and no later than 12:00 midnight Friday and Saturday, except that the outdoor serving hours will expand to 12:00 p.m. midnight Sunday through Thursday during June, July and August . Conclusion The Planning Commission will hold its public hearing at 6:00 p.m. preceding the City Council meeting at 7:00 p.m. Therefore, a summary of that hearing, as well as the Commission’s recommendation, will be provided to the Council as part of staff’s presentation. The proposed expansion of nonconformities related to the restaurant hours of operation may be approved by an amendment to the approved special ordinance specific to this property. Waterstreet Restaurants Group has stated to City staff that they would also be comfortable with a more restricted allowance to extend the hours of operation in the short-term for New Year’s Eve and New Year’s Day. Staff would also support adding the 4th of July to a short list for an obvious summer celebration event. As the owners and managers of Charlie’s on Prior demonstrate compliance with the existing conditions of operation through much of 2016, then the City Council could consider further amendments to the hours of operation. A reduced amendment for hours of operation would be as follows: The restaurant/bar operations shall be limited to the following hours: Monday -Thursday = 11:00 a.m. to 11:00 p.m.; Friday = 11:00 a.m. to 1:00 a.m.; Saturday = 9:00 a.m. to 1:00 a.m.; and Sunday = 9:00 a.m. to 11:00 p.m. Unless the hours noted previously accom- modate these, Holiday hours shall be limited to: New Year’s Eve = 1:00 a.m.; New Year’s Day, and 4th of July = 12:00 midnight. Outdoor serving of food and drinks shall stop no later than 11:00 p.m. Sunday through Thursday, and no later than 12:00 midnight Friday and Saturday except that the outdoor serving hours may expand to 12:00 p.m. midnight for the 4th of July. ISSUES: The City approved an ordinance with specific regulations necessary to allow for expansion of a nonconforming restaurant use. With this (second) ordinance amendment, the City is able to further condition its approval for hours of operation to address holidays, events and summer months. The draft ordinance amend- ment redefines the parameters for the restaurant/bar related to hours of opera- tion, which may impact the enjoyment of surrounding residential properties. Options available to the City Council are generally assumed to be as follows: 3 1. Expand the hours of operation for limited holidays only, including New Year’s Eve, New Year’s Day and/or the 4th of July. 2. Expand the hours of operation to include holidays, certain events and/or summer months (June, July and August). ALTERNATIVES: 1. Motion and a second to approve an Ordinance amending Section 1102 of the Prior Lake City Code as Subsection 1102.1600, expansion of a non- conforming restaurant use related to hours of operation as requested by the petitioner. (See second paragraph on page 2 of the report, or Attach- ment 3). 2. Motion and a second to approve more a more limited expansion of hours as suggested by staff. (See third to the last paragraph on page 2 of the report, or Attachment 4). 3. Motion and a second to table or deny an amendment to an Ordinance related to hours of operation. RECOMMENDED MOTIONS: Alternative #1 or #2 as determined by the City Council. ATTACHMENTS: 1. Ordinances 115-05 and 115-06 2. Application request for amended hours of operation 3. Proposed amendments to (3)h of Subsection 1102.1600 (Option A provides for the full extent of requested hours of operation) 4. Proposed amendments to (3)h of Subsection 1102.1600 (Option B provides for the limited hours of operation) 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 115-__ AN ORDINANCE AMENDING SECTION 1102, USE DISTRICT REGULATIONS, OF THE PRIOR LAKE CITY CODE AS SUBSECTION 1102.1600, EXPANSION OF A NONCONFORMING RESTAURANT USE The City Council of the City of Prior Lake, Minnesota, does hereby ordain that the following Subsection is amended for Section 1102 of the City Code: 1102.1600 Expansion of a Nonconforming Restaurant Use. The purpose of this Subsection is to permit the expansion of a nonconforming restaurant use on Upper Prior Lake upon the conformance to certain conditions and regulations as set forth below. (1) Findings. The City Council finds that the City and its residents will benefit by establishing conditions for parcels of property that conditions the expansion of a nonconforming use to the site and neighborhood based on the conditions set forth in 1102.1600 (3) based upon the following findings: “(3)h” is hereby amended to read as follows: h. The restaurant/bar operations shall be limited to the following hours: Monday -Thursday = 11:00 a.m. to 11:00 p.m., except to 12:00 midnight during June, July and August; Friday = 11:00 a.m. to 1:00 a.m.; Saturday = 9:00 a.m. to 1:00 a.m.; and Sunday = 9:00 a.m. to 11:00 p.m., except to 12:00 midnight during June, July and August. Unless the hours noted previously are less restrictive, Holiday hours shall be limited to: New Year’s Eve = 1:00 a.m.; New Year’s Day, Valentine’s Day, Super Bowl Sunday, St. Pa trick’s Day, Cinco de Mayo, Memorial Day Thursday/Sunday, 4th of July, Labor Day Sunday/Monday, Halloween, Thanksgiving Wednesday/Thursday = 12:00 midnight. Outdoor serving of food and drinks shall stop no later than 11:00 p.m. Sunday through Thursday, and no later than 12:00 midnight Friday and Saturday, except that the outdoor serving hours will expand to 12:00 p.m. midnight Sunday through Thursday during June, July and August. This ordinance shall become effective from and after its passage and publica tion. Passed by the City Council of the City of Prior Lake this 21st day of December, 2015. ATTEST: City Manager Mayor Published in the Prior Lake American on the 26th day of December, 2015. 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 115-__ AN ORDINANCE AMENDING SECTION 1102, USE DISTRICT REGULATIONS, OF THE PRIOR LAKE CITY CODE AS SUBSECTION 1102.1600, EXPANSION OF A NONCONFORMING RESTAURANT USE The City Council of the City of Prior Lake, Minnesota, does hereby ordain that the following Subsection is amended for Section 1102 of the City Code: 1102.1600 Expansion of a Nonconforming Restaurant Use. The purpose of this Subsection is to permit the expansion of a nonconforming restaurant use on Upper Prior Lake upon the conformance to certain conditions and regulations as set forth below. (1) Findings. The City Council finds that the City and its residents will benefit by establishing conditions for parcels of property that conditions the expansion of a nonconforming use to the site and neighborhood based on the conditions set forth in 1102.1600 (3) based upon the following findings: “(3)h” is hereby amended to read as follows: h. The restaurant/bar operations shall be limited to the following hours: Monday -Thursday = 11:00 a.m. to 11:00 p.m.; Saturday = 9:00 a.m. to 1:00 a.m.; and Sunday = 9:00 a.m. to 11:00 p.m. Unless the hours noted previously are less restrictive, Holiday hours shall be limited to: New Year’s Eve = 1:00 a.m.; New Year’s Day and the 4th of July = 12:00 midnight. Outdoor serving of food and drinks shall stop no later than 11:00 p.m. Sunday through Thursday, and no later than 12:00 midnight Friday and Saturday, except that the outdoor serving hours may expand to 12:00 p.m. midnight for the 4th of July. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 21st day of December, 2015. ATTEST: City Manager Mayor Published in the Prior Lake American on the 26th day of December, 2015.